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Town Board Minutes 01/19/2010
 REGULAR TOWN BOARD MEETING                                     JANUARY 19, 2010                                                                                                                                          
A regular Meeting of the Town Board of Guilderland was held at the Town Hall, Route 20 McCormick's Corners, Guilderland, NY, on the above date at 7:30 pm.  The meeting was opened with the Pledge of Allegiance to the flag.  Roll call by Rosemary Centi, Town Clerk, showed the following to be present:


                                        Councilman Redlich
                                        Councilwoman Slavick
                                        Councilman Pastore – Absent
                                        Councilman Grimm
                                        Supervisor Runion

ALSO PRESENT:                   Richard Sherwood, Town Attorney

***************************************************************************
Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the December 15, 2009 and the January 1, 2010 Town Board meetings.

MOTION # 21 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE DECEMBER 15, 2009 AND THE MINUTES OF THE JANUARY 1, 2010 TOWN BOARD MEETINGS.  Supervisor Runion seconded the motion and it was carried by the following roll call vote:
        
Councilman Redlich
Abstained
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

Councilman Redlich stated that the date on page 5 of the January 1, 2010 meeting was incorrect. Correction made.

PUBLIC COMMENT PERIOD- No public comment

PUBLIC HEARINGS:

7:30 PM – Request by Gade Farm, LLC, to rezone premises located at 2491 Western Avenue (tax map #39.12-2-23) from Residential -20 (R-20) to Agricultural.
Town Clerk, Rosemary Centi, read the legal notice.

Supervisor Runion explained that it was a .6 acre parcel that would be incorporated into the larger parcel owned by the Gade Farm.

Supervisor Runion then read a memo from Town Planner, Jan Weston. (P 8A)

Mr. James Gade explained the reason for re-zone request stating that it was surrounded by agriculture land and that they would like uniformity on their property.

Councilman Grimm asked why they wanted it to be re-zoned from residential to Agricultural.
Mr. Gade stated that this parcel was surrounded by agricultural zones and they wanted all of their property to be in an agricultural zone.  
Supervisor Runion explained that Mr. Jack Gade had a few other pieces that were previously zoned Local Business and that he felt comfortable having all of his land into one zoning classification. He had requested at that time that we re-zone his some of his business property into Agricultural.  He further stated that Mr. Gade did not realize that this .6 acre parcel was not agriculturally zoned.

Councilman Grimm asked if there would be a tax difference if the re-zone were done.
Supervisor Runion stated that there was not.

MOTION #22  Councilman Redlich moved to CLOSE THE 7:30 PUBLIC HEARING ON A RE-ZONE REQUEST OF GADE FARMS, LLC.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye
MOTION #23  Councilwoman Slavick moved   THAT PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT THE RE-ZONING OF THIS PROPERTY WOULD HAVE NO SIGNIFICANT IMPACT ON THE ENVIRONMENT. Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #24  Councilwoman Slavick move to ADOPT LOCAL LAW #1 OF 2010 TO RE-ZONE THE PREMISES LOCATED AT 2491 WESTERN AVENUE (TAX MAP #39.12-2- 23) FROM RESIDENTIAL – 20 (r-20) TO AGRICULTURAL.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye–“In the past in certain re-zoning applications I’ve been concerned about spot zoning.  This is actually, kind of the inverse of spot zoning.  This is a property that seems to be spot zoned right now ad the change in zoning would make it more consistent with its surroundings.
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

AGENDA ITEMS:

#1 Continuation and update from Zoning Enforcement Officer re: clean up of 3600 Western Avenue.
Rodger Stone, Zone Code Enforcement Officer and Stormwater Management Officer, stated that he had sent a memo to the Town Board stating that Mr. Ciembroniewicz was in default of the Order by the Town Board.
Supervisor Runion questioned placement of the crusher that needed to be moved.
No report was available by the engineering firm as they had not been paid.

Councilman Redlich asked if any conversations had been held with the DEC.
Mr. Stone stated that he had made a number of calls to the DEC none of which had been responded to.
Mr. Ciembroniewicz had not complied with the DEC order.
Mr. Stone stated that he was looking for an order stating that all work being done on the premises should cease and desist and that the Town Board should go out to bid for clean-up of the property.

Supervisor Runion stated that he understood that all of the vehicles had not been moved but additional cars had been brought in.

Mr. Ciembroniewicz stated that they were working on the issues in the order.
Supervisor Runion asked when the pad for the crusher would be built, how many tires had been moved.
Mr. Ciembroniewicz stated that they did not drain anything on the property and that they had asked the DEC to look at the property for pollutants.

Discussion was held regarding the prior order by the Town Board and what aspects of the order had been complied with.
Mr Stone stated he saw little if any work being done in accordance with the order of the Town Board on his almost daily trips to the premises.
Photos taken on the 15th of January showed little or no change to the premises.
He further stated that measures taken for the retention of the illicit discharge were temporary with periodic discharges of contaminants.

Councilman Redlich asked when the most recent time that contaminants had been seen was and Mr. Stone stated that it had been on the 15th of January.
Mr. Stone reviewed the prior order and based on that stated that a number of the issues had not been addressed.

Supervisor Runion asked that Mr. Stone and Counsel make revisions to the original order for discussion by the Board.

8:00 PM Public Hearing – Zoning enforcement in regard to premises located at 3393 Carman Road, tax map #15.18-3-42.
Town Clerk, Rosemary Centi, read the legal notice.

Rodger Stone stated in a memo that there was a significant amount of debris, industrial equipment, commercial vehicles, scrap metal, and materials all in violation of the Town’s Zone Code at the sight
He further stated that the Town had received numerous complaints regarding what was on the property.
The Town had tried unsuccessfully to work with Mr. Naparty.  The property is zoned Residential.
Mr. Naparty realizes the work that needs to be done but has not followed through.

Mr Stone stated that it has gotten worse in the last three months.
Councilman Redlich asked if orders to remedy had been issued by the Court.
Mr. Stone stated that they had, and then Mr. Naparty would make an attempt to start working on it and then would stop.
Councilman Redlich asked if the Court had ever fined.
Mr. Stone stated that the Court had not fined but that even fining would not clean up the yard.
Further discussion was held.
Supervisor Runion stated that he and Councilwoman Slavick and stopped and seen the property and that it appeared to be an accumulation of junk and debris that had been going on for a long period of time.
He further stated that he would like the Board to issue a final order to clean it up and if it isn’t, the Town should go in to clean it up and charge it to the landowner.

Councilman Redlich stated that he disagreed with the Supervisor and that we should conduct a full hearing and hear from everyone. He further stated that it seemed the Supervisor had already made up his mind and he would ask the Supervisor to reconsider and agree to listen to everyone.

Supervisor Runion stated that he would listen to the landowner and neighbors to hear what they had to say.

Mr. Naparty admitted that his property does not look the greatest, that Mr. Stone had been to the property several times. He further stated that he had agreed to the cleanup but had not gotten to it.  He also stated that he realized the property needed to be cleaned up.

Councilman Grimm stated that he had visited the site and asked if the items on the property were for sale.
Mr. Naparty stated that some of the snow blowers were for sale.

Councilwoman Slavick asked about the sheds and tents in the yard.

Walt Jones, Sundew Drive, directly behind and abutting the property, stated that this has been long term and ongoing, there have been many complaints and many promises for compliance but they are never met.
He said, “The property does need to be cleaned up and we need some action that will actually have the cleanup come to fruition rather than just another in a long series of promises.”

Councilman Grimm asked how long the problem had been going on.

Mr. Owen stated that it had been ongoing since 1993.

Councilman Redlich stated that one of the remedies would be to fine the owner.
Mr. Owen stated that he did not care how the Board made zoning be complied with, he would just like to see zoning complied with.

Brian Bengen, Sundew Drive, stated that he had a clear view of Mr. Naparty’s junkyard and that they could not use their yard due to the appearance of Mr. Naparty’s yard.  He further stated that Mr. Naparty would try to clean up and then would stop.
Mrs. Bengan stated that it had gotten worse over the years.

Councilman Redlich asked if giving the landowner 60 days to clean up the property and if he doesn’t, having the Town clean it up and charging the cleanup to the landowner’s taxes would be a fair remedy.  
Mr. Bengen stated that it would be a fair remedy.
Discussion was held regarding the amount of debris remaining at the property and the time frame for the cleanup.

Karen Lafreniere, Jessamine, stated that she had spent over $1,000.00 on trees to block the view.  She further stated that Mr. Naparty was a habitual offender. She also stated that it was shocking that he had never been to Court and been fined.  Mr. Naparty’s property was a constant garage sale, terrible entrance into the neighbourhood and it devalued all of the properties on the street.

Karen Jones, Sundew Drive, stated that the developer of the property had assured them when they purchased their home that Mr. Naparty would clean up the property.  She asked why the Town allowed this to go on.
She further stated that she would like some remedy and that it is the worse that it has ever been.

Supervisor Runion asked if there is more or less stuff back there now.
Mrs. Jones stated that she did not think the pile had changed.

Mr. Stone stated that the debris was the most that he had ever seen there.
Nancy St. Louis, Sundew Drive, stated that she was at the meeting in support of her neighbors who all kept their yards impeccable.  She further stated that she felt bad that they had to look at the garbage.  She also questioned why Mr. Naparty had not been fined.

Supervisor Runion stated that the issue had gone on too long and would like a final order to be issued.
He further stated that he would give Mr. Naparty until March 31, 2010 to clean up the property.
He asked that that Rodger Stone and Stephen Parker, Counsel to the Zoning Board of Appeals take the time to write an order for the Town  Board.

8:30 P.M. Public Hearing-  
Building code violations in regard to premises at 4646 Western Avenue, tax map #26.00-4-4 tabled on request of City of Watervliet for March 2, 2010 at 7:30 P.M. so that they can talk to the landowner and possibly purchase the property and do the cleanup of the property.

MOTION #25  Councilman Redlich moved to TABLE THE 8:30 P.M. PUBLIC HEARING IN REGARD TO BUILDING CODE VIOLATIONS AT 4646 WESTERN AVENUE, TAX MAP # 26.00-4-4 ON REQUEST OF THE CITY OF WATERVLIET UNTIL MARCH 2, 2010 AT 7:30 P.M.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye
Item #2 on the agenda concerned authorizing the Assessor to retain GAR Associates to prepare court ordered appraisal in tax assessment challenge for 1709 Western Avenue.

Councilman Redlich stated that that had sent a request for information regarding dispute for the property in question to Mr. Dan Centi, attorney for the Town, and was referred to the Assessor.
 He stated that he had just received information regarding the issue a few days ago and that he did not appreciate being asked to vote on spending $5,000 without knowing what the underlying dispute was.

Councilwoman Slavick stated that she had spoken with the Assessor and based on what he said this was step two in the process.  The Town and the owner of the property could not come to and agreement on the settlement so step two for both parties was to come up with an appraisal.

Councilman Redlich stated that the Board was to decide whether to settle the case and they did not know about the case.

Supervisor Runion stated that the case was with the Assessor and so it was up to the Assessor to recommend a settlement if he deemed one appropriate.  It would be for the Town Board to approve his recommendation for a settlement.
Supervisor Runion stated that as part of the Court process, pursuant to the statues, it was required that each side get an appraisal, pursuant to the Judge’s order.
He further stated that some offers were communicated back and forth but were all rejected and based on the rejection; the Judge indicated that pursuant to a scheduling order, appraisals had to be submitted by March 1, 2010 for both sides to be prepared to go to trial.

Councilman Redlich reviewed the information that he had and did not have.  He further stated that he did not have enough information to make a decision about the case.

Supervisor Runion stated that it was not the prerogative of the Board to make that decision and that all the information was available in the Assessor’s office.
He further stated the Board was under a court order to get an appraisal.  He stated that all the Board had to do was to approve the Assessor’s memo indicating which appraiser he intended to use with regard to the court case.

Councilwoman Slavick stated that when she spoke with the Assessor, GAR Associates had submitted the lowest bid for the work.

MOTION #26  Supervisor Runion moved to AUTHORIZE THE ASSESSSOR TO RETAIN GAR ASSOCIATES TO PREPARE A COURT ORDERED APPRAISAL IN A TAX ASSESSMENT CHALLENGE FOR 1709 WESTERN AVENUE.  Councilwoman Slavick seconded the motion and it was defeated by the following roll call vote:

Councilman Redlich
Abstained – “I haven’t been provided with adequate information.  It is my suggestion to the attorney who represents the Town, I know Judge McNamara very well, if the attorney explains to Judge McNamara that we need more time, and I suspect that the attorney for the other side, Mr. Goldman wouldn’t object, we would probably be able to get an additional month from Judge McNamara.  We have good reason because we do not have another meeting between now and then.  So I am going to abstain because I simply do not have enough information. I’ll send an e-mail to Mr. Centi asking him to get more time from Judge McNamara.
Councilwoman Slavick
Aye – “Based on the memo that the Assessor provided us dated January 13, 2010.”
Councilman Pastore
Absent
Councilman Grimm
Abstained – “I think abstention is the proper course. We are being asked to hire a lawyer without the file on what prompted the request to hire the lawyer. (Supervisor Runion stated that it was not a lawyer, it was an appraiser.)  We are being asked to agree to the money for this appraisal without having the file on the case.”
Supervisor Runion
Aye - “I am going to vote in favor.  This is a court case of long standing against the Town.  We are obligated to defend it to our fullest potential.  The reduction that is being sought is substantial.  I believe that the action of our two town board members jeopardizes our defense of this case.  It is not our obligation as a Town Board to determine the merits of the case; it is our obligation to make sure that we comply with the conditions that are imposed upon us by the judicial system. I am going to vote in favor but it requires three affirmative votes so that means that we will not be getting an appraisal.  If our attorney is unable to get a continuation there will be a default against the Town.”

Councilman Redlich suggested that Supervisor Runion ask Mr. Centi to get an extension if we do not get an extension that the Supervisor calls a special meeting and we could vote on it again.

Supervisor Runion stated that he did not have any conversations with Mr. Centi; he had only spoken with the Assessor.

Item #3 on the agenda concerned the appointment of Ken Brownell as Chairperson of the Zoning Review Committee.
Mr. Brownell gave an overview of the committee’s responsibilities relative to updating the Town’s Zone Code.
Mr. Brownell said the zoning committee was looking at the town zoning code which contains some language written 25 years ago and try to bring some items into the 21st century. Updated definitions were needed in some cases and there was a desire to bring the town code more in line with the town master plan. Mr. Brownell said they were taking a look at home-based businesses and redefining what is allowed in the zoning districts.
He said their overall goal was to make for a more “user-friendly code” and simplify ease of use.

MOTION #27  Councilwoman Slavick moved to APPOINT KEN BROWNELL AS CHAIRPERSON OF THE ZONING REVIEW COMMITTEE.  Supervisor Runion seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

Break: 8:51 P.M.
Return:  9:09 P.M.

Supervisor Runion asked that Rodger Stone, Zone Code Enforcement Officer read the list of zoning enforcement issues regarding 3636 Carman Road, Mr. Naparty.   Mr. Stone stated that the list should include the removal from the property of all unlicensed vehicles, commercial vehicles and equipment, secure building permits for structures on the property that do not have them, and there are several, and all rubbish.  Mr. Stone read the definition of rubbish according to the Town’s Zone Code.
The Board further required the removal of the piles of macadam, removal of the structures if building permits were not secured for them, that there will be no burning of debris.


MOTION # 28   Supervisor Runion proposed the following order:
________________________________________________________________________

THE TOWN OF GUILDERLAND                                      

-against -                                                              ORDER
                                                                        
ARNOLD NAPARTY
Zoning Enforcement in regard to premises located at 3393 Carman Road
________________________________________________________________________


Pursuant to published legal, notice, a public hearing was held before the Town Board of the Town of Guilderland on January 19, 2010, with Town Attorney, Richard J. Sherwood, Esq., appearing on behalf of the Town of Guilderland and Arnold Naparty,  appearing on behalf of the Respondent property owner, Arnold Naparty, The Town Board considered the positions of the parties, the testimony of the Town Zoning Enforcement Officer/Stormwater Management Officer, Rodger E. Stone II, the Respondent, Arnold Naparty, adjoining property owners to the Respondent, and the evidence submitted; and the respondent having admitted that his property was in need of clean up, and

WHEREAS, the Town addressed the need to establish a specific timetable for Arnold Naparty to clean up the property known at 3393 Carman Road and to bring it into compliance with Town Law #64-5-a, and

WHEREAS, on 1/19/10, after due deliberation, the Town Board has found that there exist numerous violations of #64-5-a of the Town Code which require immediate remediation and; it is hereby

ORDERED that Arnold Naparty, owner of the property known as 3393 Carman Road in the Town of Guilderland (the “Property”), shall clean up, remove and sanitarily dispose of the accumulation of snow blowers, waste materials, rubbish, garbage and refuse; as defined by Section 236-2 of the Town Code and to eliminate the threat to human health, human safety and the environment by eliminating the discharge of hazardous materials by proper and sanitary disposal; and shall otherwise bring the property in compliance of all Building Code requirements and it is hereby further

ORDERED that said clean up shall be completed no later than 3/31/10 @ 4:00pm and it is further

        ORDERED, that pursuant to the Order of the Town Board and Town Code Section 120-11, the Town Zoning Enforcement Officer/Stormwater Management Officer and any other duly authorized agent or employee of the Town shall have the right at any reasonable time to enter upon the Property, and shall have the right at all times to inspect all parts of the Property for compliance with the Town Code and this order of the Town Board; and; it is further

        ORDERED, that any failure on the part of the Respondent to comply with any of the requirements of this Order shall constitute a full and complete default under this Order.  Upon a finding of any such default, the Town Zoning Enforcement Officer/Stormwater Management Officer shall submit an affidavit detailing said default to the Town Supervisor.  Upon receipt of such notice by the Town Supervisor, the Town Board authorizes the Town Supervisor to take immediate action to remedy the default utilizing Town employees or agents or subcontractors.  The cost of the remediation, whether undertaken by Town employees, agents or subcontractors shall be assessed against the Property and shall appear on the 2010 property tax bill; and it is further  

        ORDERED, upon a finding of any such default, the Respondent is directed to immediately cease and desist all work on the Property and it is further

ORDERED, Respondent shall receive notice of this order by delivery of a copy of said affidavit by regular mail to 3393 Carman Road


ADOPTED, by unanimous resolution of the Town Board of the Town of Guilderland, all members being present.

Dated:  January 19, 2010
Guilderland, N.Y.


                                                _________________________________
                                                Kenneth D. Runion, Supervisor




Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

Final order regarding premises located at 3600 Western Avenue.

Mr. Stephen Parker, Associate Attorney for the Town, reviewed the order made on October 20, 2009 and the findings of default by Mr. Ciembroniewicz, owner of the property.  He asked that the Town Board enforce the Town Board’s previous order to take immediate action to remedy the default as has been found.

Councilman Redlich asked if this was going out to bid and Mr. Parker stated that it was.

Mr. Parker stated that the Board needed to find the owner in default of the prior order that he had agreed to.  He also stated that Mr. Ciembroniewicz had not even contacted the engineer as required and to the order that he had agreed to at a prior meeting.
Rodger Stone stated that there was no Special Use permit for the property.

Discussion was held regarding remediation of the property.

MOTION #29  Supervisor Runion proposed the following order:

THE TOWN OF GUILDERLAND
-against-
ROBERT CIEMBRONIEWICZ.
Regarding violations of Town Code at 3600 Western Turnpike

        Pursuant to published legal notice, a public hearing was held before the Town Board of the Town of Guilderland on January 19, 2010, with Town Attorney, Richard J. Sherwood, Esq. and Deputy Town Attorney Stephen W. Parker, Esq. appearing on behalf of the Town of Guilderland and Robert Ciembroniewicz appearing on behalf of the Respondent property owner, Robert Ciembroniewicz, the Town Board considering the positions of the parties, the testimony of the Town Zoning Enforcement Officer/Stormwater Management Officer, Rodger E. Stone II, the statements of the Respondent, Robert Ciembroniewicz, Mark Van Wormer, and  Salvatore Belardo, adjoining property owners to the Respondent, and the evidence submitted: and
        WHEREAS, on 1/19/10, Rodger E. Stone II, having submitted an affidavit to the Town Board indicating that Robert Ciembroniewicz has not had substantial compliance with the 10/20/09 order and had not timely met the terms of the order; and

        WHEREAS, on 1/19/10, after due deliberation, the Town Board, having found that there exist numerous violations of Chapter 241 of the Town Code which requires immediate remediation and that the respondent has failed to meet the requirements of the 10/20/09 order; and

        WHEREAS, on 10/20/09, Robert Ciembroniewicz, owner of the property known as 3600 Western Turnpike in the Town of Guilderland (the “Property”), was ordered to remove and remediate all gas, oil, antifreeze and any other petroleum products or pollutants, whether contained or uncontained, that currently exist on the Property within five (5) business days from issuance of that Order; it is hereby

        ORDERED that Robert Ciembroniewicz shall submit to the Town Board by 4:00 pm on March 31, 2010 an outline from a qualified Environmental Engineering Firm indicating an action plan for the following regarding the Property in order to comply with the Town’s Stormwater management regulations, together with a time-frame for completion for review and approval by the Town Board:
        
  • The elimination of the threat to human health, human safety, and the environment by eliminating the discharge of hazardous materials by proper and sanitary disposal;
  • The elimination of the disposal of liquid waste that is currently being discharged into the surface waters and MS4 of the Town of Guilderland and waters of the United States;
  • The containment and properly disposal of the non-stormwater discharge that is currently being discharged into the surface waters and MS4 of the Town of Guilderland and the waters of the United States;
  • The removal of any and all unlicensed and/or junk vehicles from the Property;
  • The removal and proper disposal of the rubbish, trash, and debris, including but not limited to, bags of garbage, clothing, dilapidated outbuildings, broken and rusting metal furniture (including but not limited to bed frames, chairs and springs), propane gas cylinders, tires, and lumber, all of which is present on the Property and is decaying into the soil; and
  • The submission of an Illicit Discharge, Detection and Elimination Plan and an Erosion and Sediment Control Plan for  the review and approval by the Town Zoning Enforcement Officer/Stormwater Management Officer which shall contain practices that shall eliminate the impingement of any non-stormwater upon any water of the United States, the Town of Guilderland MS4, The Town of Guilderland surface waters and any properties adjacent to the Property; and it is further
        ORDERED, that pursuant to Town Board and Town Code Section 120-11, the Town Zoning Enforcement Officer/Stormwater Management Officer and any other duly authorized agent or employee of the Town had the right at any reasonable time to enter upon the Property, and had the right at all times to inspect all parts of the Property for compliance with the Town Code and this order of the Town Board; and it is further

        ORDERED, that the Town Supervisor shall take immediate action to remedy portions of the default of the 10/20/09 order and shall solicit bids in accordance with Town Law for the remediation of the property and it is further ordered that the cleanup shall include such specifications as contained in the attached Notice to Bidders, and it is further

        ORDERED,        that the respondent shall replace, repair and/or add a 6’ high wooden stockade fence where needed to screen the neighbors from the noise and sight pollution on the site under the direction of the Town Zoning Enforcement Officer and further pour a concrete pad 500’ from all property lines and move his crusher to the aforesaid concrete pad.    

        AND BE IT FURTHER ORDERED, Respondent shall be noticed of such default by delivery of a copy of this order to Respondent’s attorney, Stephen L. Rockmacher, Esq. by regular mail at 740 Union Street, Schenectady, N.Y. 12305 and to the Respondent, Robert Ciembroniewicz by regular mail at 2680 Currybush Road, Schenectady, N.Y. 12306 it is further

        ADOPTED, by unanimous resolution of the Town Board of the Town of Guilderland, all members being present.

Dated:  January 19, 2010-01-27 Guilderland, N.Y.



Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye
MOTION #30  Councilman Redlich moved to ADJOURN THE JANUARY 19, 2010 TOWN BOARD MEETING AT 9:50 P.M. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Absent
Councilman Grimm
Aye
Supervisor Runion
Aye

                                                Respectfully submitted,


                                                Rosemary Centi
                                                Town Clerk